The Case Of George Fisher

--[Some years ago, about 1867, when this was first published, few people believed it, but considered it a mere extravaganza. In these latter days it seems hard to realize that there was ever a time when the robbing of our government was a novelty. The very man who showed me where to find the documents for this case was at that very time spending hundreds of thousands of dollars in Washington for a mail steamship concern, in the effort to procure a subsidy for the company-a fact which was a long time in coming to the surface, but leaked out at last and underwent Congressional investigation.]

This is history. It is not a wild extravaganza, like "John Wilson Mackenzie's Great Beef Contract," but is a plain statement of facts and circumstances with which the Congress of the United States has interested itself from time to time during the long period of half a century.

I will not call this matter of George Fisher's a great deathless and unrelenting swindle upon the government and people of the United States- for it has never been so decided, and I hold that it is a grave and solemn wrong for a writer to cast slurs or call names when such is the case--but will simply present the evidence and let the reader deduce his own verdict. Then we shall do nobody injustice, and our consciences shall be clear.

On or about the 1st day of September, 1813, the Creek war being then in progress in Florida, the crops, herds, and houses of Mr. George Fisher, a citizen, were destroyed, either by the Indians or by the United States troops in pursuit of them. By the terms of the law, if the Indians destroyed the property, there was no relief for Fisher; but if the troops destroyed it, the Government of the United States was debtor to Fisher for the amount involved.

George Fisher must have considered that the Indians destroyed the property, because, although he lived several years afterward, he does not appear to have ever made any claim upon the government.

In the course of time Fisher died, and his widow married again. And by and by, nearly twenty years after that dimly remembered raid upon Fisher's corn-fields, the widow Fisher's new husband petitioned Congress for pay for the property, and backed up the petition with many depositions and affidavits which purported to prove that the troops, and not the Indians, destroyed the property; that the troops, for some inscrutable reason, deliberately burned down "houses" (or cabins) valued at $600, the same belonging to a peaceable private citizen, and also destroyed various other property belonging to the same citizen. But Congress declined to believe that the troops were such idiots (after overtaking and scattering a band of Indians proved to have been found destroying Fisher's property) as to calmly continue the work of destruction themselves; and make a complete job of what the Indians had only commenced. So Congress denied the petition of the heirs of George Fisher in 1832, and did not pay them a cent.

We hear no more from them officially until 1848, sixteen years after their first attempt on the Treasury, and a full generation after the death of the man whose fields were destroyed. The new generation of Fisher heirs then came forward and put in a bill for damages. The Second Auditor awarded them $8,873, being half the damage sustained by Fisher. The Auditor said the testimony showed that at least half the destruction was done by the Indians "before the troops started in pursuit," and of course the government was not responsible for that half.

2. That was in April, 1848. In December, 1848, the heirs of George Fisher, deceased, came forward and pleaded for a "revision" of their bill of damages. The revision was made, but nothing new could be found in their favor except an error of $100 in the former calculation. However, in order to keep up the spirits of the Fisher family, the Auditor concluded to go back and allow interest from the date of the first petition (1832) to the date when the bill of damages was awarded. This sent the Fishers home happy with sixteen years' interest on $8,873--the same amounting to $8,997.94. Total, $17,870.94.

3. For an entire year the suffering Fisher family remained quiet--even satisfied, after a fashion. Then they swooped down upon the government with their wrongs once more. That old patriot, Attorney-General Toucey, burrowed through the musty papers of the Fishers and discovered one more chance for the desolate orphans--interest on that original award of $8,873 from date of destruction of the property (1813) up to 1832! Result, $110,004.89 for the indigent Fishers. So now we have: First, $8,873 damages; second, interest on it from 1832 to 1848, $8997.94; third, interest on it dated back to 1813, $10,004.89. Total, $27,875.83! What better investment for a great-grandchild than to get the Indians to burn a corn-field for him sixty or seventy years before his birth, and plausibly lay it on lunatic United States troops?

4. Strange as it may seem, the Fishers let Congress alone for five years--or, what is perhaps more likely, failed to make themselves heard by Congress for that length of time. But at last, in 1854, they got a hearing. They persuaded Congress to pass an act requiring the Auditor to re-examine their case. But this time they stumbled upon the misfortune of an honest Secretary of the Treasury (Mr. James Guthrie), and he spoiled everything. He said in very plain language that the Fishers were not only not entitled to another cent, but that those children of many sorrows and acquainted with grief had been paid too much already.

5. Therefore another interval of rest and silent ensued-an interval which lasted four years--viz till 1858. The "right man in the right place" was then Secretary of War--John B. Floyd, of peculiar renown! Here was a master intellect; here was the very man to succor the suffering heirs of dead and forgotten Fisher. They came up from Florida with a rush--a great tidal wave of Fishers freighted with the same old musty documents about the same in immortal corn-fields of their ancestor. They straight-way got an act passed transferring the Fisher matter from the dull Auditor to the ingenious Floyd. What did Floyd do? He said, "IT WAS PROVED that the Indians destroyed everything they could before the troops entered in pursuit." He considered, therefore, that what they destroyed must have consisted of "the houses with all their contents, and the liquor" (the most trifling part of the destruction, and set down at only $3,200 all told), and that the government troops then drove them off and calmly proceeded to destroy--

Two hundred and twenty acres of corn in the field, thirty-five acres of wheat, and nine hundred and eighty-six head of live stock! [What a singularly intelligent army we had in those days, according to Mr. Floyd --though not according to the Congress of 1832.]

So Mr. Floyd decided that the Government was not responsible for that $3,200 worth of rubbish which the Indians destroyed, but was responsible for the property destroyed by the troops--which property consisted of (I quote from the printed United States Senate document):

That sum, in his report, Mr. Floyd calls the "full value of the property destroyed by the troops."

He allows that sum to the starving Fishers, TOGETHER WITH INTEREST FROM 1813. From this new sum total the amounts already paid to the Fishers were deducted, and then the cheerful remainder (a fraction under forty thousand dollars) was handed to then and again they retired to Florida in a condition of temporary tranquillity. Their ancestor's farm had now yielded them altogether nearly sixty-seven thousand dollars in cash.

6. Does the reader suppose that that was the end of it? Does he suppose those diffident Fishers we: satisfied? Let the evidence show. The Fishers were quiet just two years. Then they came swarming up out of the fertile swamps of Florida with their same old documents, and besieged Congress once more. Congress capitulated on the 1st of June, 1860, and instructed Mr. Floyd to overhaul those papers again, and pay that bill. A Treasury clerk was ordered to go through those papers and report to Mr. Floyd what amount was still due the emaciated Fishers. This clerk (I can produce him whenever he is wanted) discovered what was apparently a glaring and recent forgery in the paper; whereby a witness's testimony as to the price of corn in Florida in 1813 was made to name double the amount which that witness had originally specified as the price! The clerk not only called his superior's attention to this thing, but in making up his brief of the case called particular attention to it in writing. That part of the brief never got before Congress, nor has Congress ever yet had a hint of forgery existing among the Fisher papers. Nevertheless, on the basis of the double prices (and totally ignoring the clerk's assertion that the figures were manifestly and unquestionably a recent forgery), Mr. Floyd remarks in his new report that "the testimony, particularly in regard to the corn crops, DEMANDS A MUCH HIGHER ALLOWANCE than any heretofore made by the Auditor or myself." So he estimates the crop at sixty bushels to the acre (double what Florida acres produce), and then virtuously allows pay for only half the crop, but allows two dollars and a half a bushel for that half, when there are rusty old books and documents in the Congressional library to show just what the Fisher testimony showed before the forgery--viz., that in the fall of 1813 corn was only worth from $1.25 to $1.50 a bushel. Having accomplished this, what does Mr. Floyd do next? Mr. Floyd ("with an earnest desire to execute truly the legislative will," as he piously remarks) goes to work and makes out an entirely new bill of Fisher damages, and in this new bill he placidly ignores the Indians altogether puts no particle of the destruction of the Fisher property upon them, but, even repenting him of charging them with burning the cabins and drinking the whisky and breaking the crockery, lays the entire damage at the door of the imbecile United States troops down to the very last item! And not only that, but uses the forgery to double the loss of corn at "Bassett's Creek," and uses it again to absolutely treble the loss of corn on the "Alabama River." This new and ably conceived and executed bill of Mr. Floyd's figures up as follows (I copy again from the printed United States Senate document):

The United States in account with the legal representatives of George Fisher, deceased.

_________________________Total,_..........................34,952.00 To interest on $22,202, from July 1813 to November 1860, 47 years and 4 months, .......63,053.68 To interest on $12,750, from September 1814 to November 1860, 46 years and 2 months, ..35,317.50

Total, ........................ 133,323.18

He puts everything in this time. He does not even allow that the Indians destroyed the crockery or drank the four dozen bottles of (currant) wine. When it came to supernatural comprehensiveness in "gobbling," John B. Floyd was without his equal, in his own or any other generation. Subtracting from the above total the $67,000 already paid to George Fisher's implacable heirs, Mr. Floyd announced that the government was still indebted to them in the sum of sixty-six thousand five hundred and nineteen dollars and eighty-five cents, "which," Mr. Floyd complacently remarks, "will be paid, accordingly, to the administrator of the estate of George Fisher, deceased, or to his attorney in fact."

But, sadly enough for the destitute orphans, a new President came in just at this time, Buchanan and Floyd went out, and they never got their money. The first thing Congress did in 1861 was to rescind the resolution of June 1, 1860, under which Mr. Floyd had been ciphering. Then Floyd (and doubtless the heirs of George Fisher likewise) had to give up financial business for a while, and go into the Confederate army and serve their country.

Were the heirs of George Fisher killed? No. They are back now at this very time (July, 1870), beseeching Congress through that blushing and diffident creature, Garrett Davis, to commence making payments again on their interminable and insatiable bill of damages for corn and whisky destroyed by a gang of irresponsible Indians, so long ago that even government red-tape has failed to keep consistent and intelligent track of it.

Now the above are facts. They are history. Any one who doubts it can send to the Senate Document Department of the Capitol for H. R. Ex. Doc. No. 21, 36th Congress, 2d Session; and for S. Ex. Doc. No. 106, 41st Congress, 2d Session, and satisfy himself. The whole case is set forth in the first volume of the Court of Claims Reports.

It is my belief that as long as the continent of America holds together, the heirs of George Fisher, deceased, will still make pilgrimages to Washington from the swamps of Florida, to plead for just a little more cash on their bill of damages (even when they received the last of that sixty-seven thousand dollars, they said it was only one fourth what the government owed them on that fruitful corn-field), and as long as they choose to come they will find Garrett Davises to drag their vampire schemes before Congress. This is not the only hereditary fraud (if fraud it is--which I have before repeatedly remarked is not proven) that is being quietly handed down from generation to generation of fathers and sons, through the persecuted Treasury of the United States.

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